Judge rules against Education Department on delay of special education rule

Judge rules against Education Department on delay of special education rule

By Kimberly Hefling

03/07/2019 05:01 PM EDT

A federal judge ruled Thursday that the Education Department violated the law when it delayed by two years the implementation of an Obama-era rule designed to tackle racial disparities in special education.

U.S. District Judge Tanya Chutkan ruled that the department failed to provide a "reasoned explanation" for its decision last year to delay the rollout of the rule, which is known as "significant disproportionality." Chutkan also said the department failed to consider the costs of the delay, "rendering the Delay Regulation arbitrary and capricious."

In both cases, the judge said the department violated the Administrative Procedure Act, which governs the regulatory actions of federal agencies.

The ruling in the United States District Court for the District of Columbia means the 2016 regulations immediately go into effect, according to a statement by the Council of Parent Attorneys and Advocates, an advocacy group for students with disabilities behind the lawsuit.

"Today is a victory for children, especially children of color and others who are at risk for being inappropriately identified for special education," said Denise Marshall, COPAA's executive director.

The lawsuit named Education Secretary Betsy DeVos and Johnny Collett, the assistant secretary in the Office of Special Education and Rehabilitative Services at the Education Department.

An Education Department spokesperson said the department was "reviewing the ruling and considering our options."

Previously, the Education Department has said one of its concerns is that the Obama rule may prompt states to "establish de facto quotas" and "artificially reduce" the number of children identified for special education services in order to avoid being flagged for problems. When states are flagged for problems, they must use a portion of their federal special education funding to fix them.

But COPAA, which filed its lawsuit with legal assistance from the National Center for Youth Law, said the department's actions interfered with its obligations under the Individuals with Disabilities Education Act to ensure children with disabilities get the education services they need in the most appropriate setting without regard to their race.

With the rule, which was finalized in December 2016, the Obama administration sought to compel states to use a uniform approach in ensuring that minority students with disabilities aren't over- or underrepresented in special education, among other things.

To view online: https://subscriber.politicopro.com/education/article/2019/03/judge-rules-against-education-department-on-delay-of-special-education-rule-1252126